외상성 맥락막 파열 이후 오랜 시간 경과 후 발생한 전층 황반원공 1예

김보혁,차동민,유형곤,Bo Hyuck Kim,MD,Dong Min Cha,MD,Hyeong Gon Yu,MD,PhD 대한안과학회 2014 대한안과학회지 Vol.55 No.2

Purpose: We report a case of a full-thickness macular hole which occurred many years after a blunt eye trauma leading to choroidal rupture. Case summary: A 50-year-old male visited our clinic with a complaint of decreased vision in his left eye 2 years in duration. He experienced a blunt trauma to his left eye with a baseball when he was 6 years old, although he did not complain of any visual disturbance in the left eye at that time. Fundus examination revealed a full-thickness macular hole with vertical fibrotic scar at the temporal side of the macula, which was thought to be a choroidal rupture induced by the previous blunt eye trauma. We performed vitrectomy and intravitreal tamponade injection. Two months later, the full-thickness macular hole completely closed and visual acuity of the left eye improved. J Korean Ophthalmol Soc 2014;55(2):312-316

인공수정체 도수 산출 공식간 오차에 영향을 미치는 요인 분석

김보혁,위원량,김미금 대한안과학회 2014 대한안과학회지 Vol.55 No.2

Purpose: To investigate which factors primarily influence refractory errors between various formulas used to calculate intraocular lens (IOL) power. Methods: Records of 266 eyes of 191 patients who underwent uneventful cataract surgery were reviewed retrospectively. IOL power was determined using SRK/T, HofferQ (H/Q), Master SRK/T (M/T), Master HofferQ (M/Q), Master Holladay (M/Hol), and Master Haigis (M/Hai). The mean absolute error (MAE) of each formula was compared; MAE was defined as the difference between the postoperative spherical equivalence (SE) determined 1 month after surgery and the predicted SE. Factors that could have influenced interformula refractive errors were analyzed. Patients were divided into 3 groups based on average keratometric value (Kavg) and the inter-group differences of the AE of each formula were analyzed. Effects of corneal curvature on changes in AE of each formula were evaluated by linear regression. Results: The MAE was minimized in the M/T formula, followed by the M/Hol, M/Hai, SRK/T, H/Q, and M/Q formulas. Interformula MAE differences were not statistically significant. Kavg and AXL were significantly influenced by the different predictive values between formulas in univariate analysis, but only AXL was significant in multivariate analysis. The AE in each formula among the 3 groups according to keratometry was significantly different in SRK, M/Hol, and M/Hai. Linear regression analysis showed a significant negative correlation between Kavg, AE of SRK/T and the MHai formula. In particular, this effect was more pronounced in those with short AXL (

Demonstration's of Max Weber's Theory of Bureaucratic Perpetuation in Supreme Court Decisions: Franklin Roosevelt’s New Deal Program v. the Lochner Court.

김보혁 숭실대학교 법학연구소 2018 法學論叢 Vol.40 No.-

This is the third installment in a series of papers that examining Supreme Court decisions as a process that contests partisanship versus institution building, as an example of Max Weber's Theory of Bureaucratic Perpetuation. The first and second installment of this series examined the case of Marbury v. Madison and the case of Dred Scott v. Sandford where the Supreme Court attempted to conflate institution building with partisanship only to witness the disastrous results. In this installment, the forces of partisanship and institution building are reviewed as they applied to the Great Depression and the twilight years of the Lochner Court. This paper examines a series of decisions that occurred before and during the Great Depression where the partisanship of the court favored rulings that blocked potential remedies to the existential economic crisis that gripped the entire world. Because the Supreme Court stands atop the American legal establishment, the predictability of its decisions is important to the field of law. However, the court has embraced a teleological approach which makes predicting its decisions difficult. Justices show a strong preference to vote along partisan lines, but when they defect from partisanship they do so for a consistent, if not predictable, reason: institution building. This paper demonstrates that the Supreme Court behaves as Max Weber's social theory suggest: as an institution which frequently acts to perpetuate itself. During the Great Depression from 1929 to 1939, the tension between partisanship versus institution building hit a crescendo.

A Comparative Study on the Market for Corporate Control and the Rise of Shareholder Activism in Corporate Governance

김보혁 중앙법학회 2019 中央法學 Vol.21 No.4

This article will examine the role of the market for corporate control and shareholder activism for corporate governance in South Korea and the U.S. to find appropriate approaches to regulation of current shareholder activism in order to improve corporate governance in South Korea. Even though the possibility of success of hostile takeover bids has been low due to the circular share-holding structure in South Korea, in terms of improvement of corporate governance, there have been positive effects. This article will inspect whether shareholder activism can play the role of improving corporate governance in lieu of the weak market for corporate control in South Korea. To do so, this article will scrutinize theories on the role of the market for corporate control in terms of corporate governance. In addition, this article will analyze shareholder activism and cases that brought positive changes to corporate governance. This article will show that institutional investors are in a better position to improve corporate governance when taking collective action with other shareholders and that South Korea may need mandatory adoption of the Corporate Governance Code for listed companies and the Stewardship Code for institutional investors with a“comply or explain”approach.

A Comparative Study on Corporate Governance Models and Controlling Shareholders in Korea and the U.S.

김보혁 서울시립대학교 서울시립대학교 법학연구소 2018 서울법학 Vol.25 No.4

The U.S. corporate governance model is one of well-functioning and effective market-based models for protecting minority shareholders. By adopting laws and corporate governance concepts similar to the U.S., South Korea has attempted to improve its own corporate governance system in recent years. This article examines the debate about corporate governance models and reviews the origins of ownership structures which influence corporate governance paths in Korea and the U.S. in order to shed light on key elements needed to improve corporate governance in Korea. It analyzes the ownership basis for corporate governance structure and controlling shareholders' roles in Korea and the U.S. After that, it will propose that the Korean Commercial Code needs to adopt and apply more detailed fiduciary duties to directors and expand them to controlling shareholder to reduce their incentive for self interested business decisions to protect minority shareholders rights.

Comparative Study on Business Judgement Rule and Duty of Care in Korea and the U.S.

김보혁 강원대학교 비교법학연구소 2018 江原法學 Vol.53 No.-

Considering that the business judgment rule and fiduciary duties play key roles in interested transactions and usurping corporate opportunities, which have been mainly done by and for controlling shareholders, the lack of detailed principles of fiduciary duties and the lack of provisions for regulating controlling shareholders show that Korean commercial law does not always adequately protect minority shareholders. Also, Korean corporate governance law is still missing the key components of the business judgment rule needed to make it an effective system. This article examine debates on business judgment rule for corporate governance in Korea to find out appropriate roles of business judgment rule and fiduciary duties to improve corporate governance in Korea. To do so, this article review business judgment rules in Korea and the U.S., and analyze both. This article will try to show that business judgment rule need to be adopted to make fiduciary duties functional for protecting minority shareholders rights and improving corporate governance in Korea because Business judgment rule is the basis of the fiduciary duties of directors.

A Comparative Study on Usurping Corporate Opportunity in South Korea and The United States

김보혁 동국대학교 비교법문화연구소 2022 比較法硏究 Vol.22 No.3

The usurping of corporate opportunity doctrine is a specific case of a director's duty of loyalty in which the interests of the company should be prioritized when a director has a conflict of interest with the company. There has been theoretical conflict over the manner in which duty of loyalty has been included in Article 323-3 of the Commercial Act. Even though Article 397-2 of the Commercial Act prohibits the misuse of opportunities and assets by directors of business groups, the vagueness of the provision has not been resolved. The reality is that cases of misappropriation of opportunities by controlling shareholders in business groups have not been handled effectively. Therefore, there are few arguments as to how to solve this issue. One is that the criteria for what a “business opportunity” is should be stated more clearly in the law, and for big business groups, the scope of business opportunity should be applied to the entire business group rather than a single corporation. Another argument is that due to the absence of a controlling shareholder's duty of loyalty within the law, it is hard to implement Article 397-2 to regulate controlling shareholder’s usurping of corporate opportunity. In conjunction with these arguments, this thesis will also argue that the introduction of more bright-line rules like the ALI on fiduciary duties for directors and controlling shareholders is required to regulate usurping corporate opportunity cases in South Korea.

논문 : 이사의 자기거래에 관한 고찰 -2012 개정 상법을 중심으로-

김보혁 ( Bo Hyuk Kim ) 건국대학교 법학연구소 2013 一鑑法學 Vol.0 No.26

Recently, there has been a revision of statutes of corporate law in Korea regarding conflicted interests transaction between directors and companies. This article argues that Korean corporate law needs to impose fiduciary duties to controlling shareholders, and to distinguish director’s duty of care and duty of loyalty to regulate directors self dealings more efficiently in the future.

Demonstration`s of Max Weber`s Theory of Bureaucratic Perpetuation in Supreme Court Decisions

Bo Hyuk Kim(김보혁) 숭실대학교 법학연구소 2018 法學論叢 Vol.40 No.-

본 논문은 막스 베버의 기관 영속성 이론의 관점이 적용될 수 있는 판결에 관한 세 번째 논문이다. 역사적으로 미국 대법원의 판결에서 미대법관들은 그들을 임명한 정파의 입장에 따르는 경향이 있지만 때로 그런 경향에서 벗어나는 판결을 내리는 경우 그 판결에서 대법관들이 고려하는 중요한 요소들 가운데 하나로서 기관정립/국가정립이 있을 수 있음을 사회학자인 막스베버의 이론을 통해 논증하고자 한다. 막스 베버의 “조직의 기관은 그자신의 존재와 존속을 정당화시키기 위해 힘쓴다”라는 명제를 바탕으로 미대법관들은 대법원이라는 자신들이 속한 국가기관인 대법원의 존속과 존재를 정립하고자 하는 목적에서 또는 국가가 새로운 시대로 진입해야하는 중요한 시기에 국민통합과 국가정립을 위해 때로 그들을 임명한 정파를 초월하는 판결을 내렸음을 첫 번째 논문에서는 Marbury v. Madison을 통해 분석했고 두 번째 논문에서는 Dred Scott v. Sanford 통해 살펴 보았으며 세 번째 인 본 논문에서는 경제공황이라는 국가 위기 상황에서 지속적으로 행정부의 경제적 개혁 법안에 대해 거부하는 대법원을 개혁하고자 하는 대통령의 시도에 대해 West Cost Hotel Co.V Parrish 판결을 통해 대법원의 기관정립과 정파주의라는 두 가지 목적 사이에서 나타나는 상충과 융합의 역동성을 살펴봄으로써 막스베버의 관점을 논증한다. This is the third installment in a series of papers that examining Supreme Court decisions as a process that contests partisanship versus institution building, as an example of Max Weber`s Theory of Bureaucratic Perpetuation. The first and second installment of this series examined the case of Marbury v. Madison and the case of Dred Scott v. Sandford where the Supreme Court attempted to conflate institution building with partisanship only to witness the disastrous results. In this installment, the forces of partisanship and institution building are reviewed as they applied to the Great Depression and the twilight years of the Lochner Court. This paper examines a series of decisions that occurred before and during the Great Depression where the partisanship of the court favored rulings that blocked potential remedies to the existential economic crisis that gripped the entire world. Because the Supreme Court stands atop the American legal establishment, the predictability of its decisions is important to the field of law. However, the court has embraced a teleological approach which makes predicting its decisions difficult. Justices show a strong preference to vote along partisan lines, but when they defect from partisanship they do so for a consistent, if not predictable, reason: institution building. This paper demonstrates that the Supreme Court behaves as Max Weber`s social theory suggest: as an institution which frequently acts to perpetuate itself. During the Great Depression from 1929 to 1939, the tension between partisanship versus institution building hit a crescendo.

Comparative Study on Business Judgement Rule and Duty of Care in Korea and the U.S.

Bo Hyuk Kim(김보혁) 강원대학교 비교법학연구소 2018 江原法學 Vol.53 No.-

경영판단의 원칙과 이사의 신인의무는 회사의 기회유용이나 자기 거래와 같은 이해관계가 상충되는 회사와 이사 또는 지배 주주등 이해관계자와의 거래관계를 규율하는데 있어 핵심 역할을 한다. 본 논문은 회사의 기회유용이나 자기 거래와 같은 이해상충 거래를 규율하는 상법상 경영판단의 원칙, 이사의 충실의무, 이사의 주의의무 규정들이 추상적으로 규정되기보다는 영미법이 판례를 통해 축적한 구체적 규범들을 검토 도입함으로써 현재 상법이 적절히 규율해야할 이해상충거래 영역을 보다 효과적으로 규제할 수 있음을 논증하고 있다. 이를 위해 1장에서는 현재 우리 상법상 이해상충거래와 관련한 입법 동향과 쟁점을 살펴보고 2장에서는 우리 상법상 경영판단의 원칙과 관련한 논의와 판례를 살펴보며 3장에서는 영미법상 이사의 의무와 책임을 결정하는데 바탕이 되는 경영판단의 원칙과 사례들을 살펴보고 4장에서는 우리상법과 미국의 법규범을 비교 분석함으로써 상법 규정상 보다 구체적 내용이 담긴 경영판단의 원칙과 이사의 주의의무 규정도입 필요성의 관점을 논증한다. Considering that the business judgment rule and fiduciary duties play key roles in interested transactions and usurping corporate opportunities, which have been mainly done by and for controlling shareholders, the lack of detailed principles of fiduciary duties and the lack of provisions for regulating controlling shareholders show that Korean commercial law does not always adequately protect minority shareholders. Also, Korean corporate governance law is still missing the key components of the business judgment rule needed to make it an effective system. This article examine debates on business judgment rule for corporate governance in Korea to find out appropriate roles of business judgment rule and fiduciary duties to improve corporate governance in Korea. To do so, this article review business judgment rules in Korea and the U.S., and analyze both. This article will try to show that business judgment rule need to be adopted to make fiduciary duties functional for protecting minority shareholders rights and improving corporate governance in Korea because Business judgment rule is the basis of the fiduciary duties of directors.